Gujarat passes new Lokayukta Bill, empowers govt., not Chief Justice

In what may set the stage for another face-off between the Gujarat government and Governor Kamla Beniwal, the State Assembly on Tuesday passed for the second time the Gujarat Lokayukta Aayog Bill, 2013, which was returned by Dr. Beniwal — who had called it a travesty of the institution of the ombudsman — for reconsideration.

The new Bill seeks to replace the existing Gujarat Lokayukta Act, 1986 and empowers the State government with regard to the appointment of the Lokayukta by doing away with the role of the High Court Chief Justice.

In September, Dr. Beniwal had returned the Bill, which was passed by the State Assembly on April 2.

The Governor had, on August 25, 2011, appointed retired judge of the Gujarat High Court R.A. Mehta as the Lokayukta, ignoring the view of Chief Minister Narendra Modi and the Cabinet.

The government then challenged the appointment in the Gujarat High Court, arguing that the Governor could not make the appointment without the State government’s advice.

The government however lost the case, and the Supreme Court too upheld the High Court’s verdict. The government appealed against this twice, but lost.

The State had a Lokayukta till 2003 when the last incumbent retired High Court judge, S.M. Soni, stepped down from his position. Mr. Soni was appointed during Keshubhai Patel’s rule in 1998.

Even after the Supreme Court upheld his appointment, Justice Mehta desisted from charge of the office, citing 23 reasons. The controversy over his appointment, he said, had “denigrated the office of the Lokayukta and it had lost all the grace and dignity.”

Unlike the act in force at present, the Gujarat Lokayukta Aayog Bill, 2013 provided primacy to the Chief Minister, over the Gujarat High Court Chief Justice, in appointing the ombudsman.

The new bill empowers a selection committee chaired by the Chief Minister to appoint the Lokayukta. The panel comprises the Speaker of the Assembly, a Minister, the Leader of Opposition, a High Court Judge to be nominated by the Chief Justice, and the State Vigilance Commissioner.

The bill provides for four ‘Up-Lokayuktas’, unlike the current Act, and has provisions for retirement of the Lokayukta and the ‘Up-Lokayukta’.

The ombudsmen will hold office for the term of five years or till attaining 72 years of age, whichever is earlier. As against the present act that qualifies a retired High Court Judge to assume the office of Lokayukta, the new bill says that “the Lokayukta shall be a person who is or has been a Judge of the Supreme Court of India or Chief Justice of a High Court in a substantive capacity, while the retired High Court Judges will qualify for the position of Up-Lokayukta.”

All those who want Mr. Modi to be the next PM of this country should give a thought to this. The party to which he belongs shouts at high pitch as if they are there to eradicate corruption and they alone know to manage the country and its economy. From the time Mr. Modi became the CM of Gujarat, the Gujarat Lokayukta is not functional. He scuttled every move made to make it functional. Finally he wanted it to be the way he wanted. When the Supreme Court did not accept this arrangement, he has now passed a new bill to make it to his taste. If he takes over the highest office of this country; it will not be progress and prosperity for the country; "but emergency by BJP".

from:
D. Darwin Albert Raj

Posted on: Oct 2, 2013 at 08:25 IST

"Unlike the act in force at present, the Gujarat Lokayukta Aayog Bill, 2013 provided primacy to the Chief Minister, over the Gujarat High Court Chief Justice, in appointing the ombudsman"

How is this different from the ill conceived ordinance crafted to keep convicts in office?

Heads up - the politicians win. Tails up - the people lose! A mockery of our constitution and our fundamental rights.

It is hopeless to ask politicians to feel ashamed for defeating the very purpose of impartiality in appointments to bodies such as Lokpal and Lok Ayuktas.

It is becoming abundantly clear politicians across the hue and divide think and act in the same way. They only put on a public show to deride each other in varying degrees restraining themselves only to varying degrees of their innate civility or beligerence as is their habit but they go ahead and do what they want anyway - even change a law or bring in a new one to suit their whim and fancy if it suits their purpose.

from:
r n iyengar

Posted on: Oct 2, 2013 at 03:41 IST

From frying pan straight to the fire.

Lok Ayukta is supposed to look into irregularities brought to its notice against the decisions taken by the state cabinet. Then how can the Chief Minister who is the head of the state cabinet have supremacy in deciding who should be the ombudsman? This not only belies fundamental logic and intelligence but also provides an indication of authoritarian incoherance and double speak.

BJP and Narendra Modi in particular must clarify if they come to power in the Centre would they have the same approach for LokPal too? Please make your stand on LokPal public now so that fence sitters can make up their mind - whether the logic of Gujarat implementation of Lok Ayukta will be followed at the centre too? Would the Central Government represented by the Prime Minister have supercedence over the Supreme Court Chief Justice in appointing the LokPal following this Gujarat Model?

from:
r n iyengar

Posted on: Oct 2, 2013 at 03:27 IST

Indians beware of the new dictator of Gujarat who is eyeing the Delhi throne.

from:
Muralidhar

Posted on: Oct 2, 2013 at 02:44 IST

Modi used to talk about Gujarat model of governance for himself but nobody is talking about it or want to follow it even by his own party members. From this we can understand what type of development is this. He wants to bat for himself by appointing Lokayukta of his choice. He is law unto himself.